This Agreement is a binding agreement between you and bidorbuy. It also sets out some of the terms and conditions governing you selling and purchasing goods and services on this App, so please read it carefully. You are also bound by the Usage Rules as set forth in the App Store Terms of Service. If you are uncertain, or you do not agree with the terms and conditions or any of the Annexures then you should not accept them. We will provide you with the Services only once you have accepted the terms and conditions of this Agreement by clicking on the "I ACCEPT" button when registering with us. Any complaint or claims with regard to the App may be directed to tech@bidorbuy.co.za.

The following Terms and Conditions shall apply for the use of bidorbuy Mobile Device App service (‘Service’).

1.

Description of Service

1.1

The Service allows you to utilise the services and functions of the bidorbuy website via a mobile device platform or application, which is usually downloaded from a third party service provider. The Service also includes, but is not limited to, other cellular services that might be offered by bidorbuy from time to time. The Service is available for mobile devices and is operated by way of software contained in your mobile device and the Service is available through an online App and is operated by way of software used when online using a browser. For purposes of this Agreement, mobile devices and if the App is used when online using a browser, it shall collectively be referred to as a “mobile device/s”.

2.

Protection of Personal Information Act (“the Act”)

You will be required to provide us with certain personal information in your use of this Service.

By entering any personal information in the use of this Service, you consent, in terms of the Act, to the processing of your personal information by bidorbuy.

Your personal information is collected for a specific, explicitly defined and lawful purpose related to the function and activity of bidorbuy.

Bidorbuy takes all reasonable and necessary steps to ensure the integrity and confidentiality of personal information in its possession or under its control, however, in using this Service, you agree and acknowledge that we cannot control:

• how any other person to whom you provide your information in your use of this Service, processes your information; • whether they do so in accordance with the Act, insofar as it may apply; and• where and to whom your personal information is transferred by any such person pursuant to any transaction concluded in your use of this Service.

For further terms and conditions relating to the Act and applicable to your use of this Service, please refer to our general terms and conditions which can be found on our website here.

3.

Use of the Service

3.1

You are responsible for ensuring that your mobile device is capable of downloading the App. You are also responsible for paying all charges and costs of your network service provider that you incur when using the Service, including any WiFi costs. You will not be entitled to any refunds in respect of any download charges. You will be entitled to a refund in the event of the App not conforming to an applicable warranty, in which event you may notify Apple and Apple will refund the purchase price for the App, if any, only.

3.2

The entity or person who is using the Service is responsible for the financial responsibilities of the wireless account through which the Services are being accessed. bidorbuy is not responsible for entities or individuals claiming that they did not authorise the use of their mobile device for these Services. You agree that you are over the age of 18 or have received your parent’s or guardian’s permission to use the cellular phone for the Service.

3.3

bidorbuy’s services are for your personal use. You must ensure that you mobile device is safe and secure at all times and you must take all reasonable precautions to prevent your mobile device, and without limiting the generality of the afore going, from being stolen or being subjected to fraud and other unlawful activities. You may not transmit or re-transmit, broadcast or re-broadcast or use any part of this Service for commercial use.

3.4

bidorbuy reserves the right to terminate the Service without notice if it deems necessary in its sole discretion.

3.5

bidorbuy reserves the right to prevent certain bidorbuy users, cellular service providers or mobile device users from making use of the Service if deemed appropriate to do so in bidorbuy’s sole discretion.

3.6

You acknowledge that the Service is not a guaranteed service and that bidorbuy cannot guarantee receipt and delivery of the App as it has no control over the cellular phone networks and / or cellular phone network coverage. Therefore the App may not be delivered from us to you.

3.7

You acknowledge that bidorbuy will process bids in the order in which they are received from the cellular service providers into the bidorbuy database. bidorbuy will not be held responsible for incomprehensible, incorrect, lost, delayed or misdirected bid replies and you acknowledge that they will be charged by your service provider for all communications sent from their mobile devices whether they were received by bidorbuy or not.

3.8

Bidorbuy reserves the right to verify the validity of bids and may delete any such bids as bidorbuy, in its sole discretion, deem appropriate to do so including blocking any users from making use of the Service.

3.9

A User shall not use any form of robot, spider or any other means to copy or monitor bidorbuy’s Service without the express prior written permission to do so.

4.

User's Conduct When Using the Service

4.1

You will not act, or omit to act, in any way that is likely to injure or cause damage to us or any other person that uses this Service. You will not impair or interrupt the use of the Service in any manner whatsoever.

4.2

You are not allowed to use our logos, trademarks, slogans or any other device or form of intellectual property belonging to us in general and in particular relating to the Service.

4.3

You will not create a false mobile device identity or otherwise attempt to mislead us or others regarding the identity of the sender or the origin of the communications.

4.4

You will not use the Service in connection with spamming or unsolicited communications.

4.5

You will not transmit through the Service any unlawful, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.

4.6

You will not harass us or any other user of the Service.

4.7

You will not libel, defame or slander us or any person, or infringe upon our or any person’s privacy rights.

4.8

You will not transmit any material that contains viruses or any other harmful or deleterious programs.

4.9

You will not interfere with or disrupt mobile device networks connected to the Service or violate the regulations, policies and procedures of such mobile device networks.

4.10

You will not attempt to gain unauthorised access to the Service, or other accounts, computer systems or networks connected to the Service, through any means whatsoever.

4.11

You will not interfere with any other person’s use or enjoyment of the Service.

4.12

You will not engage in any activity that we believe could subject us to criminal liability or civil liability or judgement in both instances.

4.13

Our rights are strictly reserved to immediately suspend or terminate in our sole discretion your use of the Service if you do not comply with all of the provisions of this clause 3 in particular and any other provisions of these terms and conditions and the Annexures, without any liability to you or any third party.

4.14

You will not directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to establish the source code or copy the ideas or algorithms of the software, modify, translate or create derivative work space on the software, application or copy, rent, lease, distribute, assign or transfer rights to the software / application, use the software / application for unlawful purposes or for purposes that we will not consent to or approve of, or otherwise for your benefit or for the benefit of a third party whether for commercial gain or not. We, our service providers and our licensors retain ownership of all proprietary applications, software and intellectual property.

5.

Mobile Device App Limitations

5.1

We are not responsible for the deletion, inability, or failure to store information.

5.2

Communications may be delivered late or not be delivered at all whether from you to us or from us to you, due to mobile device network traffic or the mobile device network not being operational.

6.

No Warranties & Limitation of Liability

6.1

We, including our directors, employees, suppliers, mobile device service providers, partners, affiliates, agents and Apple shall not be liable for any damage, loss or liability of any nature whatsoever incurred by you or any other person whether resulting from the use of the Service or the inability to use the Service for any reason whatsoever whether related to our negligence, including gross negligence. Apple is not responsible for the Licensed Application and the content thereof.

6.2

You hereby expressly acknowledge and agree that you are using the Service at your own risk and that the Service is provided “as is” and “as available” without any warranties and conditions whatsoever, expressed or implied.

6.3

We do not make any warranties or representations that the Service shall be available at all times. You acknowledge that the Service may be unavailable from time to time due to general upgrades or updates or other causes beyond our control, including but not limited to the mobile device network that you utilise not being operational, virus infections, power failures or any other “acts of God”.

6.4

We do not make any warranties or representations that the content of the service shall in all cases be true, correct or free from any errors.

6.5

We hereby disclaim all express and implied warranties as to the accuracy, completeness, non-infringement, merchantability or fitness for particular purpose of the Service.

6.6

We shall in no event be liable to you or any other person for any inaccuracy, error or omission in or loss, injury or damage caused in whole or in part by failures, delays or interruptions of the Service generally, and any aspect ancillary thereto.

7.

Indemnification

7.1

You hereby agree to indemnify, hold harmless and defend us and our affiliates, agents, mobile device content providers against any and all claims, liabilities, damages, costs and expenses (including but not limited to consequential damages, incidental damages, special damages, attorney’s fees on an attorney and client scale and disbursements) arising from or relating to:

7.1.1. The use of the Service in any manner whatsoever which violates the terms of any law, rule or regulation;

7.1.2. Any claims made by third parties arising from your use of the Service, including but not limited to third party claims arising from or related to any failure, delay or interruption to the Service.

7.2

You agree to co-operate as fully as reasonably required in the defence of any claim brought against us.

8.

Disclaimer of Partnership

8.1

No agency, partnership, joint venture or employment is created as a result of the Service and you do not have any authority of any kind to bind us in any respect whatsoever.

9.

Interception of Communication

9.1

Subject to the provisions of Regulation of Interception of Communications Act 70/2002 you hereby agree that we have the right to intercept, block, filter, delete, disclose and use all communications sent by you to us or received by us from you or sent from us to you in any lawful manner.